Joseph Frankl v. Hth Corporation

These two matters have been consolidated for a single opinion because they both arise out of the same long-running labor dispute. The employer is HTH Corporation, which operates the Pacific Beach Hotel (“the Hotel”) in Honolulu. The Union is the International Longshore and Warehouse Union, Local 142. In NLRB v. HTH Corp., we have cross-petitions from the 2011 ruling of the National Labor Relations Board (“NLRB” or “the Board”) that between August 2005 and May 2008 HTH committed unfair labor practices in violation of the National Labor Relations Act (“NLRA” or “the Act”), 49 Stat. 449 (1935) (codified at 29 U.S.C. § 151 et seq.). See HTH Corp., 356 N.L.R.B. No. 182 (2011). In Frankl v. HTH Corp., HTH appeals from a preliminary injunction that required it to remedy certain actions taken in 2010. These actions are the subject of unfair labor practice charges currently pending before the Board.

The background of the labor dispute is explained at length in our prior opinion, Frankl v. HTH Corp. (Frankl I), 650 F.3d 1334 (9th Cir.2011), cert. denied, — U.S. -, 132 S.Ct. 1821 , 182 L.Ed.2d 616 (2012). We there affirmed a preliminary injunction against HTH pending final Board…